Brewer v. Brewer

LAWSON, Justice.

This is an appeal from a decree overruling demurrer to a bill in equity.

The bill was filed by the wife against the husband for separate maintenance.

The rule seems to be well settled that a bill for separate maintenance which does not show the parties living separate and apart at the time the bill was filed is subject to demurrer. Whitman v. Whitman, 223 Ala. 557, 137 So. 666; Jones v. Jones, 233 Ala. 642, 173 So. 49. No such question was considered in Davis v. Davis, 255 Ala. 215, 50 So.2d 723, and the language used in that case relative to the sufficiency of the averments of…